MONTGOMERY, Ala. (AP) — The U.S. Justice Department announced on Thursday that Alabama children with physical disabilities are being unnecessarily placed in nursing homes. The department has issued a warning that it will take legal action against the state unless modifications are made to enable more of these children to live at home with adequate support.
An investigation conducted by the Justice Department revealed that Alabama is in violation of the Americans with Disabilities Act, which mandates that services for individuals with disabilities be provided in the most suitable settings according to their needs. Assistant U.S. Attorney General Kristen Clarke highlighted that many children in Alabama are either unnecessarily institutionalized or at significant risk of being institutionalized.
In a letter directed to the Alabama Department of Human Resources, the Alabama Medicaid Agency, and the Alabama Department of Senior Services, Clarke outlined the findings of the investigation. The letter included recommendations for the state to enhance community services, while also indicating that a federal lawsuit would be pursued if necessary changes were not implemented.
The administration of Governor Kay Ivey responded to inquiries by referring them to the respective state agencies. However, the Department of Human Resources did not provide an immediate comment regarding the investigation and its implications.
The federal assessment identified that Alabama's policies effectively restrict access to community-based services and long-term support programs that would allow children with physical disabilities to remain in their homes. Officials from the Justice Department indicated that Alabama has not sufficiently developed its community-based workforce, nor does it offer adequate support for foster parents who are either currently caring for or contemplating caring for children with physical disabilities.
Families in Alabama face a challenging dilemma, often having to choose between sending their children to nursing homes for an indefinite period or abandoning their jobs to become full-time caregivers. Clarke pointed out that some children who could otherwise be raised in family settings have spent crucial years in nursing homes, distanced from their family and community. Others teeter on the edge of institutionalization, as their families grapple with physical, financial, and emotional obstacles to keeping them at home.
P.J. Alexander shared the struggles faced by his family in caring for their son, Kyle, who was born with a range of medical issues, including cerebral palsy and genetic conditions. “We were able to keep him at home, just barely,” Alexander reflected, indicating the strain on their family. They had contemplated relocating to another state that offers more resources for families with profoundly disabled children.
Kyle passed away unexpectedly on November 25 at the age of 10 due to cardiac failure. Alexander lovingly described his son as a joyful child who always smiled despite his many challenges, highlighting the emotional toll on families facing similar situations in Alabama.
The situation sheds light on the pressing need for reform in Alabama's approach to supporting families of children with disabilities. The Justice Department's investigation and potential legal actions signal a growing recognition of the rights of individuals with disabilities to live in community settings and receive appropriate support while doing so.
